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HomeMy WebLinkAbout051 - 05/16/2000 - AMENDING CITY CODE PERTAINING TO GARBAGE AND REFUSE, WEEDS, BRUSH PILES AND RUBBISH ORDINANCE NO. 51, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12, ARTICLE II, OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO GARBAGE AND REFUSE AND CHAPTER 20, ARTICLE III OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO WEEDS, BRUSH PILES AND RUBBISH WHEREAS, provisions in both Chapters 12 and 20 of the Code of the City of Fort Collins (the "Code") contain similar language governing garbage and refuse nuisances; and WHEREAS, the Council has determined that it is in the best interests of the City to consolidate the regulations dealing with the accumulation of rubbish into one chapter of the Code; and WHEREAS, the Council has further determined that the fee for carrying charges and costs of administration as established in Section 20-44 of the Code should be increased from 20%of actual cost to 50% of actual cost; and WHEREAS, the Council has further determined that Section 20-42 of the Code should be amended by the addition of language requiring the proper and systematic maintenance of property and requiring the screening of any items of property which,by their fundamental nature, cannot be so maintained. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definitions of"compost"and"garbage"as contained in Section 12-16 of the Code of the City of Fort Collins are hereby deleted in their entirety. Section 2. That Sections 12-18, 12-19, 12-20 and 12-21 of the Code of the City of Fort Collins are hereby repealed in their entirety. Section 3. That the title of Article II of Chapter 12 of the Code of the City of Fort Collins is hereby amended to read "Collection of Garbage and Refuse". Section 4. That the titles "Division 1" and "Division 2" of Article 11, Chapter 12 of the Code of the City of Fort Collins are hereby repealed. Section 5. That Sections 12-36, 12-37, 12-38 and 12-39 of the Code of the City of Fort Collins are hereby renumbered as Sections 12-18, 12-19, 12-20 and 12-21 respectively. Section 6. That Section 20-41 of the Code of the City of Fort Collins is hereby amended by the addition of the following definition of the term "compost": Compost shall mean a mixture consisting of decayed organic matter used for fertilizing and conditioning soil. Section 7. That the definition of"owner" as contained in Section 20-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Owner or occupant shall mean the fee owner of record or any agent or representative of such owner and any person entitled, by lease or tenancy, to possession of the premises. Section 8. That Section 20-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-42. Nuisance declared; regulations. (a) All weeds, brush piles, unmowed grasses, refuse and rubbish on a property within the city are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the city. (b) It is unlawful for the owner or occupant of any property to permit refuse, rubbish or brush piles to accumulate on any part of the property. All refuse shall be stored for prompt disposal on the premises in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish which by its nature is incapable of being stored in refuse containers may be neatly stacked or stored for prompt disposal. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse from the property. Containers shall be secured and placed where they are screened from view of the street and are not susceptible to being spilled by animals or wind or other elements. (c) Except as is provided in subsection (d)of this Section, it is unlawful for the owner or occupant of any property to permit weeds and grasses to grow upon such property to a height of more than six (6) inches. (d) It is unlawful for the owner of any open area, ditch, ditch right-of-way or railroad right-of-way to allow the growth of weeds or grasses other than those grown for agricultural purposes upon such open area, ditch or right-of-way in excess of twelve (12) inches in height. (e) It is unlawful for the owner or occupant of any property to permit the growth of noxious weeds as designated by the Colorado Weed Law or Larimer County Weed District, regardless of height. 2 (f) No person shall cause or allow the disposal of refuse or rubbish by burning except in an incinerator that is designed for such purpose and pursuant to an operating permit from the state Department of Health. In no event may rubbish or refuse be burned in a stove or fireplace except for clean, dry, untreated wood. (g) No person shall, for a period longer than twenty-four (24)hours at any one (1) time, store or permit to remain on any business, commercial or industrial premises owned or occupied by such person,any manure,refuse,animal or vegetable matter or any foul or noxious liquid waste which is likely to become putrid,offensive or injurious to the public health, safety or welfare. (h) No owner or occupant of any premises which are adjacent to any portion of an open area,vacant lot,ditch,detention pond,storm drain or watercourse shall cause the accumulation of refuse, rubbish, or storage of any material within or upon such adjacent areas. (i) The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that refuse and rubbish will be prevented from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises. 0) The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard or harborage for rodents is unlawful and is hereby declared to be a nuisance. (k) The owner or occupant of any premises within the city, whether business, commercial,industrial or residential premises, shall maintain the property in a neat, tidy, methodical, systematic, clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. If a property is used for a purpose (including,without limitation,a junkyard)which,by its fundamental nature,cannot be maintained as required above,then,in lieu thereof,such property,or any affected portion thereof,shall be completely screened from public view and from the view of any abutting property that is used for residential purposes. Section 9. That Section 20-43 of the Code of the City of Fort Collins is hereby amended to read as follows: 3 See. 20-43. Exceptions. (a) An owner of a tract of land that has been certified as a backyard wildlife habitat may have a brush pile not to exceed eight (8) feet by eight (8) feet wide by three (3)feet in height if it is permitted by the terms of the backyard wildlife habitat certification or the natural areas certification. (b) An owner of a tract of land that has been certified as a xeriscape is permitted to have grasses growing in excess of six(6) inches in height. This exception will be limited to the grass species identified with the certification document. (c) An owner of a tract of land that has been certified as a natural area is permitted to have grasses growing in excess of twelve (12) inches high. This exception will be limited to the grass species and areas of the site identified with the certification document. (d) An occupant of any single-family or two-family residence may maintain a compost pile that is a separated area containing alternate layers of plant refuse materials and soil maintained to facilitate decomposition and produce organic material to be used as a soil conditioner. Any such compost pile shall be so maintained as to prevent it becoming a nuisance by putrefying or attracting insects or animals. Section 10. That Section 20-44(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-44. Removal procedure; assessment of removal costs. (a) The City Manager is authorized and directed to give notice to any owner whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this Article. Such notice shall be deposited in the United States mail,addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or may be served upon such person personally. The notice shall state that if the offending weeds and/or grasses are not cut or eradicated(as applicable),and/or the offending brush pile,refuse and/or rubbish are not removed, from such property,open area, ditch or right-of-way on or before five (5) days from the date of such notice, it will be done by the city and the cost, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed fifty(50)percent of the costs for carrying charges and costs of administration will be charged against the property,open area,ditch or right-of-way. With respect to rubbish only, the notice shall also state that if said owner desires a hearing before the City Manager to contest the declaration of nuisance and/or the removal,such owner shall request such hearing within five(5)days of mailing of the notice and shall further state that if a request for such hearing is made, the city will 4 remove the rubbish in accordance with subparagraph (b) below and will store the material pending the holding of the hearing and the determination therefrom. The notice shall further state that if no request for such hearing is timely filed, the city will remove the rubbish in accordance with subparagraph(b)below and shall destroy or otherwise dispose of the rubbish. Introduced and considered favorably on first reading and ordered published this 2nd day of May, A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000. Mayor A TEST: -'VUL W . City Clerk ` Passed and adopted on final reading this 16th day of May, A.D. 2000. Mayor ATTEST: / i l� G�i�1'ls City Clerk 5